Under TR, how many months shall I stay in India...?

[Indians4Guns]

I am currently a U.S Citizen (have OCI card too), NO CCW(just FOID), have owned a weapon for 1.5 year, have a receipt of purchase along with credit card receipt. IF I can get a gun license given the conditions above, kindly answer my questions below.

1. My question is that, how many months shall I stay in India before I can apply for a gun license under transfer of residency. Next year, I am coming to India for a span of six months at least.

2. I understand that, my Glock 23 will be confiscated as I arrive in India, but from that day, how long will it take for me to get a gun license and retrieve my weapon back?

Please watch this video again,

Thank you very much.

-- Mon Sep 26, 2011 2:10 am --

IF I can not get gun license under TR, can I get it as a tourist(but I am OCI, not a foreign national).

[xl_target]

If you are a US citizen, you are not eligible for TR. You are also a foreign national, OCI status or not.

[nagarifle]

I am currently a U.S Citizen (have OCI card too), NO CCW(just FOID), have owned a weapon for 1.5 year, have a receipt of purchase along with credit card receipt. IF I can get a gun license given the conditions above, kindly answer my questions below.

1. My question is that, how many months shall I stay in India before I can apply for a gun license under transfer of residency. Next year, I am coming to India for a span of six months at least.

in India it can take up to , two life time to get a licence. normally you have to show five years of stay in India but this can be overlooked. there is no category for license under TR. to bring an arms under TR, one must stay for min of one year in India.

2. I understand that, my Glock 23 will be confiscated as I arrive in India, but from that day, how long will it take for me to get a gun license and retrieve my weapon back?

to get a licence can take anything upto 3 moths to lifetime. if you do get the licence soon. then upon paying of import duties and storage charge (it will come to more then the gun after a month of storage) it will be relished within a day or two.

IF I can not get gun license under TR, can I get it as a tourist(but I am OCI, not a foreign national).

sure you can,(there is no licence issued at the customs/airport have to apply just like anyone else at the local office) but need to be applyed in advance ie before coming to India. As i can see the picture of you running from one office to another and all saying sorry no can do and your six months are gone, on your way out you go and collect your gun at the customs and they will charge you storage cost , what you pay in storage you can buy 3 guns

i suggest that you read the thread in the legal section? regarding TR from the start to get the idea of how to go about it. all the best. http://indiansforguns.com/viewtopic.php?f=4&t=2779
http://indiansforguns.com/viewtopic.php?f=4&t=506

[Indians4Guns]

If you are a US citizen, you are not eligible for TR. You are also a foreign national, OCI status or not.

Doesn't TR apply on residence status, and not on citizenship?

If not, can I bring my gun as being a foreign national...so can I bring it as a tourist?

-- Mon Sep 26, 2011 6:42 am --

Doesn't TR apply on residence status, and not on citizenship?

If not, can I bring my gun as being a foreign national...so can I bring it as a tourist?

[xl_target]

Indians4guns,
I was incorrect in my statement to you.

See: http://transferofresidence.com/

What is Transfer of Residence ?

Transfer of Residence (TR) is a facility provided to a person (either an Indian or a foreign passport holder, whether a minor or not and even a student) who intends to transfer his/her residence to India after a stay abroad of at least two years. This facility allows the person and his/her family to import personal and household articles free of duty and certain other listed items on payment of a concessional rate of duty.



What are the conditions of eligibility for availing Transfer of Residence ?

(i) Minimum stay of two years abroad, immediately preceding the date of the passenger's arrival on transfer of residence. Shortfall of up to 2 months in stay abroad can be condoned by Assistant Commissioner of Customs if the early return is on account of - (i) terminal leave or vacation being availed of by the passenger, or (ii) any other special circumstances.

(ii) Total stay in India on short visits during the 2 preceding years should not exceed 6 months. Commissioner of Customs may condone short visits in excess of 6 months in deserving cases.
(iii) Passenger or any member of his family have not availed this concession in the preceding three years.
(iv) The person claiming this benefit affirms by declaration that no other member of the family had availed, or would avail this benefit within the above time-period. The term "family" includes all persons in the same house and forming part of the same establishment.

[Indians4Guns]

normally you have to show five years of stay in India but this can be overlooked. there is no category for license under TR. to bring an arms under TR, one must stay for min of one year in India.

As per this site, "Earlier there was a clause of minimum stay in India of 1 year after taking TR. This has since been abolished."

http://transferofresidence.com/eligibil ... ravel.html

-- Mon Sep 26, 2011 12:18 pm --

sure you can,(there is no licence issued at the customs/airport have to apply just like anyone else at the local office) but need to be applyed in advance ie before coming to India. As i can see the picture of you running from one office to another and all saying sorry no can do and your six months are gone

Like done with issuing license to foreign nationals coming to India as tourist, can I get the license sent to me by the Indian consulate in U.S?

[goodboy_mentor]

If you are not a foreign national coming to India as a traveler/tourist, then what else you are? OCI card(Overseas "Citizen of India") is not bestowing on you the citizenship of India. It is just a long term visa given a misleading name.

Rules 17 and 32 of Arms Rules 1962 allow travelers/tourists to be issued arms license. You can read them, probably Rule 32 can be applicable in your case and proceed accordingly with the Indian consulate. Nagarifle has given a very practical view about how time consuming, difficult and frustrating it can be to get an arms license in India.

[Indians4Guns]

Nagarifle has given a very practical view about how time consuming, difficult and frustrating it can be to get an arms license in India.

I don't think that foreigners getting license is same as an Indian applying for license in India. In my knowledge gun license given to a foreigners is basically a temporary gun permit, that needs to be surrendered at the customs as you leave India. This is much different than the gun license issued to Indian citizens or people who want to transfer residency. I don't think Indian laws are that stupid that I would get a run around for a life time just to obtain a license that is only valid for six months. Indian laws aren't very smart but not that stupid either.

I think the tourist license being temporary one, may be issued faster than a regular one issued to first time gun owners or Indian residents in general. I don't see how many people on here have applied for such license as a tourist, so it is just assumed that it will take life time or two. I'ma get a hold of some one at Indian Consulate tomorrow to see if they can assist me on this issue.

[goodboy_mentor]

Nobody is discouraging you from applying for an arms license. Once you get the license please do share your experience here.

I don't think Indian laws are that stupid that I would get a run around for a life time just to obtain a license that is only valid for six months.

Only the wearer knows where the shoe pinches.

[nagarifle]

Nobody is discouraging you from applying for an arms license. Once you get the license please do share your experience here.

I don't think Indian laws are that stupid that I would get a run around for a life time just to obtain a license that is only valid for six months.

Only the wearer knows where the shoe pinches.

for us all it pinches all the time

[Indians4Guns]

Nobody is discouraging you from applying for an arms license. Once you get the license please do share your experience here.

I don't think Indian laws are that stupid that I would get a run around for a life time just to obtain a license that is only valid for six months.

Only the wearer knows where the shoe pinches.

Absolutely, I will definitely keep you guys posted.

-- Mon Sep 26, 2011 2:24 pm --

Nobody is discouraging you from applying for an arms license. Once you get the license please do share your experience here.

I don't think Indian laws are that stupid that I would get a run around for a life time just to obtain a license that is only valid for six months.

Only the wearer knows where the shoe pinches.

for us all it pinches all the time

I will keep you guys posted on my case. But, if I don't update some thing in few months then you know its gonna take life time.

[Anand]

"If not, can I bring my gun as being a foreign national...so can I bring it as a tourist?"

A tourist license for firearm may be issued only if you are coming to India on legitimate sporting purposes. Hunting having been banned a long time ago, the only sporting purpose would be Shooting Competition. In such scenarios, the team manager of your shooting team would co ordinate all paperwork regarding local licensing etc.

TR is not limited to Indian citizens alone. Granting of Arms licenses in India is not limited to Indian Citizens alone.

"2. I understand that, my Glock 23 will be confiscated as I arrive in India, but from that day, how long will it take for me to get a gun license and retrieve my weapon back?"

There is no guarantee that you will be issued a license, there is no time frame that can be assured. There are a lot of laws and rules in the books, how well they are enforced or how badly they are abused is something you can only decide by living here for sometime.
Regards,
Anand

[Indians4Guns]

A tourist license for firearm may be issued only if you are coming to India on legitimate sporting purposes. Hunting having been banned a long time ago, the only sporting purpose would be Shooting Competition. In such scenarios, the team manager of your shooting team would co ordinate all paperwork regarding local licensing etc.

In the application it does say "sports" but do you think that strictly includes the sporting matches only? On the other hand, if you look at the S10 R32, there is not even a mention of a word sport.

I think you're the only one on here who brought a gun to India under TR but you had previous license too, right? What gun did you get?

[Anand]

AFAIK the only "sport" under which this can be done is shooting competition. I could be misinformed regarding this, but what other "sport" is there?

There may be others who may have imported a firearm under TR more recently, I did it in 2003, I did have a license even before I left for the US. I got a FEG PJK 9HP a copy of a Browning Hi Power in .30 Bore.
Regards,
Anand